Franke, Schultz & Mullen, PC | Dram shop liability case ends in defense verdict
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Dram shop liability case ends in defense verdict


Nikki Cannezzaro defended Nick & Jake's of Parkville and three individual bartenders in a dram shop liability case in Platte County, MO. Plaintiff sued the bar and its bartenders based upon a claim that plaintiff was injured by an obviously intoxicated patron of the bar who had been served alcohol by the bar and bartenders for more than eight straight hours. The patron, on his way out of the bar, pulled plaintiff from his bar stool and slammed him to the ground. Plaintiff sustained an L1 transverse process fracture. Prior to trial, Ms. Cannezzaro obtained summary judgment in favor of the individual bartenders on the basis that plaintiff's dram shop liability claim against the bartenders fails as a matter of law because the bartenders are not individually licensed to sell liquor by the drink for consumption on the premises. Additionally, prior to trial, plaintiff voluntarily dismissed the aggressor, leaving Nick & Jake's as the only defendant at trial. At trial, plaintiff claimed that the conduct of Nick & Jake's, through the individual bartenders, combined with the intentional assault of the aggressor, contributed to cause injury to the plaintiff. The jury returned a verdict in favor of Nick & Jake's. Ancona v. Nick & Jake.s of Parkville, Inc., et al., Case No. 10AE-CV03163